Wadsworth, Robin v. Peru, Town of (SPR 20150587)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 7, 2015 SPRlS/587 Mr. Craig Kleman Town Administrator Town of Peru 21 West Main Road Peru, MA 01235 Dear Mr. Kleman: I have received the petition of Robin Wadsworth appealing the response of the Town of Peru (Town) to her request for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). As described below, Ms. Wadsworth requested various records in several correspondences with the Town. Previous Determinations This matter was the subject of previous appeals. SPR151125 Determination of the Supervisor of Records (March 26, 2015); SPR15/252 Determination of the Supervisor of Records (May 14, 2015). SPR15/125 was opened based on the Town's nonresponse to Ms. Wadsworth's request and was therefore closed when the Town responded on March 2, 2015. In my May 14 Determination, I ordered the Town to review the requests made by Ms. Wadsworth and provide to her a written response, made in accordance with the Public Records Law, its Access Regulations (Regulations) and that order. I also advised Ms. Wadsworth and the Town that any questions regarding the content of minutes, requirements to keep minutes or any procedural aspects of the Open Meeting Law should be addressed to the Division of Open Government. See SPR15/252 Determination ofthe Supervisor of Records (May 14, 2015). The Town provided Ms. Wadsworth with a letter dated May 11,2015, which appears to have crossed in the mail with my May 14 Determination. In correspondence with this office dated May 19,2015 and June 1, 2015, Ms. Wadsworth outlined her objections to the Town's May 11 letter. This appeal was opened as a result. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre

Mr. Craig Kleman SPR15/587 Page Two December 7, 2015 Ms. Wadsworth requested various documents in several correspondences with the Town. I will address each request below. Letter of the Inspector General (Request 1) In a request dated July 27, 2014, Ms. Wadsworth requested a "letter of the Inspector General" related to a June 16, 2014 meeting of the Town's Board of Selectmen (Request 1). In the May 11 letter you state the letter of the Inspector General was "a Massachusetts Inspector General document[.]" However, it was not clear to Ms. Wadsworth or this office if the Town is in possession of it. In a telephone conversation with a member of my staff, you confirmed that the Town is not in possession of this document. Under the Public Records Law, the Town is not required to create a list of records or any record in response to a public records request. In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977). The duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian of records at the time of the request. See G. L. c. 4, § 7(26). Whereas the Town does not possess the letter of the Inspector General, I will consider this portion of the appeal closed. Copies of corrected minutes of an August 4, 2014 Board of Selectmen meeting (Request 2) In a letter dated September 14, 2014, Ms. Wadsworth requested a copy of corrected minutes of a meeting held on August 4, 2014 (Request 2). In the March 2letter, the Town informed Ms. Wadsworth that typically minutes are not revisited or corrected. This request involves the content of meeting minutes. Whereas an interpretation of the Open Meeting Law falls within the authority of the Division of Open Government in the Office of the Attorney General (AGO), I decline to opine on this request. I again advise Ms. Wadsworth and the Town that any questions regarding the content of minutes, requirements to keep minutes or any procedural aspects of the Open Meeting Law should be addressed to the Division of Open Government within AGO. Copies of minutes of another Board of Selectmen meeting (Request 3) In the March 2letter to Ms. Wadsworth, you state that "some of [your] questions were answered at a Board of Selectmen meeting." In a letter to the Town dated April18, 2015, Ms. Wadsworth requested minutes of this Board of Selectmen meeting that you referenced in the March 2letter (Request 3).

Mr. Craig Kleman SPR15/587 Page Three December 7, 2015 In a telephone conversation with a member of my staff, you indicated that, based on this description, you are unsure which Board of Selectmen meeting Ms. Wadsworth is referring to. A requester must provide a reasonable description of the requested record to the custodian so that he or she can identify and locate it promptly. See 950 C.M.R. 32.05(4). Therefore, Ms. Wadsworth is encouraged to request minutes from a specific Board of Selectmen meeting so that the Town can appropriately respond. Copies of Town Financial Statement Reports for FY 2012 and FY 2014 (Request 4) In a request dated July 27, 2014, Ms. Wadsworth requested copies of Town Financial Statement Reports for FY2012 and FY 2014 (Request 4). In the May 11 letter, you informed her that this request should be directed to the Town Clerk. In accordance with the Public Records Law, a custodian is expected to use his superior knowledge of the records in his custody to assist the requester in obtaining the desired information. See 950 C.M.R. 32.05(4). In this instance, Ms. Wadsworth's request was originally made to the Town of Peru Board of Selectmen. Whereas the request was made to an entity within the Town's municipal government, whoever receives the request is expected to use his superior knowledge ofthe records to forward the request to the appropriate Town employee. You informed a member of my staff that you will inquire with the appropriate Town employee as to whether these records have been provided, or will be provided, to Ms. Wadsworth. Copy of a public notice document (Request 5) In the Aprill8 letter, Ms. Wadsworth requested a copy of a public notice document posted at Town Hall regarding a Veteran's Agent position (Request 5). In the May 11 letter you inform Ms. Wadsworth that she should direct this request to the Town Clerk. In accordance with the Public Records Law, a custodian is expected to use his superior knowledge of the records in his custody to assist the requester in obtaining the desired information. See 950 C.M.R. 32.05(4). In this instance, Ms. Wadsworth's request was originally made to the Town of Peru Board of Selectmen. Whereas the request was made to an entity within the Town's municipal government, whoever receives the request is expected to use his superior knowledge of the records to forward the request to the appropriate Town employee. You informed a member of my staff that you will inquire with the appropriate Town employee as to whether these records have been provided, or will be provided, to Ms. Wadsworth.

Mr. Craig Kleman SPR15/587 Page Four December 7, 20 15 Conclusion For the reasons discussed above, I will consider this appeal closed with regard to Request 1 and Request 2. Ms. Wadsworth is encouraged to submit another, more specific, request for records related to Request 3. With regard to Request 4 and Request 5, I will consider this appeal closed with the proviso that, within ten (10) days, the Town provides a response to Ms. Wadsworth that offers to provide records, provides a fee estimate for provision of the records, or denies access to records. A copy of any response must be provided to this office. It is preferable to send an electronic copy of this response to this office at c.state.ma.us. Supervisor of Records cc: Ms. Robin Wadsworth